Category archive: Uncategorized

ZOLA v. TD AMERITRADE: NATIONAL SECURITIES CLASS-ACTION SUITS BASED ON FRAUD CANNOT HIDE BEHIND STATE CLAIMS

Summary: This article discusses the Eighth Circuit case Zola v. TD Ameritrade and what it means for national and state securities class-action claims. Background In the 1990’s, Congress sought more stringent standards for filing securities class-action litigation. The Private Securities Litigation Reform Act (PSLRA) was passed in 1995 followed by the Securities Litigation Uniform Standards…

Missouri Accountant-Client Privilege

This post discusses Missouri’s accountant-client privilege.

Illinois’ Statute of Limitations for a negligent procurement claim runs from date insured received the policy, not when a claim is denied.

Illinois’ two-year statute of limitations for negligent failure to procure insurance accrues as soon as the insured receives the insurance policy, and not when a claim for coverage is denied by the insurer, unless exceptional circumstances are present.

Subpoenaed for a Deposition: Does the Professional get Paid?

It is not uncommon for professionals who are not a party to a lawsuit to be subpoenaed to provide deposition testimony in the case. As long as the testimony remains factual and does not go into the area of expert testimony, the professional is only entitled to the statutory witness fee for the time of the deposition.

Lewellen v. Franklin: Missouri Supreme Court Holds Statutory Cap on Punitive Damages Unconstitutional

On September 9, 2014, the Missouri Supreme Court unanimously struck down the State’s punitive damage cap in Lewellen v. Franklin, 2014 WL 4425202 (Mo. banc Sept. 9, 2014). The plaintiff in Lewellen was a 77-year-old widow with less than $1,000 of monthly income who contracted to purchase a vehicle with National Auto Sales North’s (“National”)…

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